Sachin Raj Jena vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. Case No.807 of 2023, arising out of Soro P.S. Case No.389 of 2023, pending in the Court of learned Assistant Sessions Judge, Soro in S.T Case No.03/609 of 2024-2023 for alleged commission of offence punishable under Sections 394/397 of IPC.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 08.07.2023. He further contended that investigation has been concluded and final charge sheet has been filed. Further, referring to the F.I.R., learned counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the present case. He further contended that although the Petitioner has some antecedents, however, in the event this Court is inclined to release the petitioner on bail, he is ready and willing to abide by any terms and conditions that would be imposed by this Court.

Learned Additional Government Advocate on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is having antecedents, in the event the Petitioner is released on bail that he might indulge in similar criminal offences and if the Petitioner is absconding, the same would cause delay in conclusion of the trial.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further keeping in view the fact that the F.I.R. was initially registered against unknown accused person, the Petitioner has been taken on remand in the present case, further keeping in view the period of detention, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. While imposing condition the learned Court below shall impose a condition that the petitioner shall appear before the concerned Police Station once in a week preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. for a period of six weeks and, thereafter, once in a fortnight for a period of two months.

Violation of any other conditions shall entail cancellation of the bail application.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees Five Thousands) of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

The BLAPL is, accordingly, disposed of.

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